NATURE WATCH -
Ruling Halts Work

 
Article Courtesy of Tampa Bay Online
By DAVID SOMMER 
Published January 31, 2004

EAST LAKE - Nature's Watch homeowners who thought they were facing economic ruin instead rejoiced last month when an appeals court overturned a lower court ruling that for some meant losing their homes. 

The Jan. 16 ruling by the 2nd District Court of Appeal brought an immediate halt to repair work at the 182-unit community of town homes and villas that was estimated to cost at least $11.5 million to complete. 

Homeowners, who had been facing individual repair bills of up to $98,000 each, began celebrating the day the ruling was announced and followed up with a full-blown street party three days later. 

Approximately 30 homeowners facing foreclosure for failing to pay the $28,000 in repair bills so far assessed by a court-appointed receiver saw their foreclosure actions dropped. 

Andrew J. Bolnick, the court-appointed receiver who had been overseeing repairs at the behest of Senior Circuit Judge Fred L. Bryson Jr., said the appeals court ruling means his job is over. 

All that remains for Bolnick to do is complete the accounting work for the approximately $4.25 million already spent repairing seven of the 58 multiple-unit buildings at Natures Watch, he said. 

Fortunately, he said, none of the foreclosure actions he filed had reached conclusion. Unfortunately, he said, there is no way to divide the repair bills evenly among people who already paid their $28,000 in assessments, those who made partial payments and those who made no payments at all. 

And, Bolnick warned, the animosity from a dispute that pitted neighbor against neighbor in a 3 1/2-year court battle over how to fix water damage and structural problems at Nature's Watch - and who should pay - is not likely to go away. 

As things stand, the 24 homeowners in buildings one through six have had their units completely repaired and restored to like-new condition. Another four units in building number seven are almost finished, with remaining repairs likely to become the responsibility of what will be a reconstituted Nature's Watch homeowners' association. 

But another 154 town homes and villas have not been repaired. Many have temporary patches where their facades were removed to inspect for water damage and construction defects. Others have boarded-up sliding glass doors where damaged balconies have been stripped away to prevent collapse. 

Nevertheless, the group of homeowners who prevailed in the appeals court ruling are relieved that they will again have control over the extent and cost of future repairs made with community funds, according to their attorney, C. Philip Campbell.


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