NATURE WATCH -
Unhappy residents win look at papers

 
Article Courtesy of St. Petersburg Times
By MAUREEN BYRNE AHERN
Published July 13, 2003

LARGO - Residents of Nature's Watch, who have seen their homes plagued by shoddy construction and their finances threatened by huge repair bills, say they finally won a victory.

A judge told them Saturday they had a right to see all the information being used by the receiver who is directing repairs at the townhouse development. And he told them he would hear their objections to the receiver's decisions.

They have a lot to say. Each of the 182 homeowners has been assessed $92,000 for repairs.

"The homeowners would say this was very successful to us," said Lara Shane, a Nature's Watch resident who had asked the judge to hear homeowners' objections. "This is a step forward."

Some of the residents question decisions being made by court-appointed receiver Andrew Bolnick, who was put in charge of repairing the extensive damage at the East Lake development. For example, they don't believe it's necessary to replace all the roofs and windows on each of the 182 units. But they say they can't challenge Bolnick without questioning him and getting access to bills, reports and correspondence.

Judge Fred L. Bryson told the 50 homeowners who attended the hourlong hearing that he had a plan that would streamline the process and save everyone money.

Bryson said he would give the homeowners' attorney and the receiver's attorney two days to exchange documents and take depositions. If needed, he would grant them more time.

Then there would be a hearing in which Philip Campbell, the attorney for a small group of homeowners, could present the residents' objections.

Last April, Tampa engineer Robert Reinhart told Nature's Watch residents that repairs would cost about $92,000 per homeowner. The total bill: $16.7-million. So far, 57 liens have been filed against homeowners who have failed to pay their repair assessments, Campbell said.

Campbell told the judge the receiver was holding back information, such as a breakdown in labor costs. "The receiver ought to be volunteering the information instead of fighting us over it," he said.

Steven Mezer, Bolnick's attorney, said the homeowners had access to everything they had requested. "We've made it very easy for them," he said. "This is not a secret."

The problem at Nature's Watch, which was built between 1992 and 1998, is water. It has seeped in around windows, doors and balconies and through roofs, causing millions of dollars in damage. The developer, Richard Geiger, went bankrupt, which led residents of the northeast Pinellas community to go to court over who should pay and how much.

Bryson decided that no matter whose units were damaged most and whose least, all 182 owners would pay equally for repairs. To make sure the work was done and paid for, he appointed a receiver.

B.A. Safley, who lives in one of the development's 32 villas, said she doesn't have any leaks in her unit. She questions why her home needs any repairs.

"If you lived in a home and had no leaks, would you take the building apart?" she said after the hearing.

The residents have been wrangling with government officials, lawyers, engineers and architects for more than two years. Reinhart's report said the buildings are heavily damaged and need extensive repairs.

To keep up with assessments, residents have used retirement funds and college savings. Some have run out of money.

The problems at Nature's Watch date to late 1998, when several homeowners discovered serious moisture problems with their homes, including water damage through the ceilings and walls.
 

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