Article Courtesy
of the Ocala Star Banner
BY MONICA BRYANT
Published June 2, 2004
OCALA - Though he's still only 54, Larry Lierman
is sticking it out in the 55 Plus community of Pine Run and may be closer to
remaining in the home he's fought to stay in.
The Florida Commission on Human Relations made an initial ruling in his favor in
May, and in early June the Pine Run Residents Association board of directors
voted unanimously to grant the variance he needs.
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| A vote by the
Pine Run Residents Association board of directors may mean Larry
Lierman, 54, can stay in the age 55-plus community. |
Lierman's
troubles began last year when he tried to buy a house in the Pine Run
community, across the street from the one he had rented with his wife,
Frances, since 2000. The development argued that Frances Lierman, who was 62
when she died in February, was living at Palm Garden of Ocala full-time and
not at the couple's residence.
And Pine Run began trying to evict 54-year-old Lierman from the designated 55
Plus community - which requires at least one resident living in houses in the
development to be 55 - last July because he won't turn 55 until this August.
In November, Pine Run LLC filed a complaint to evict the Liermans, stating
that he was not eligible to continue living in the community. Five months
later, Circuit Judge Jack Singbush ruled in favor of the development, giving
Larry Lierman 10 days to move out.
"I haven't left. I've been fighting them all the way," Lierman said.
"I haven't had time to grieve for my wife."
In December, Lierman filed a complaint with the Florida Commission on Human
Relations and the federal department of Housing and Urban Development on
behalf of his wife, alleging Heritage Management Corp., Pine Run LLC and Jim
Day, property manager, discriminated against them on the basis of her medical
disability.
Last month, the Florida Commission on Human Relations ruled there is
reasonable cause to believe a discriminatory housing practice occurred.
"They found them guilty, and here they've been trying to throw me out of
my house and according to the federal government I was her caregiver so they
didn't have any reason to come after me," Lierman said.
Nina Singleton, deputy executive director for Florida Commission on Human
Relations, said the development can't put Lierman out because there's a legal
action against Pine Run. She said Lierman can elect to have her office or the
Attorney General's Office represent him in court, or he can hire a private
attorney to sue for damages.
Ken Kirkpatrick, managing member of Pine Run, said the ruling only meant the
Florida Commission on Human Relations found enough evidence that a violation
had occurred but that nothing is final until Lierman moves forward on one of
the options. He said the Florida Commission on Human Relations ruling
conflicts with the court system in Marion County, which ruled a violation had
not occurred, and granted the development the eviction order and attorney
fees.
Kirkpatrick said only the association can grant the deviation. Heritage
Management and the developer, Pine Run, do not have the authority to do so. If
Lierman chooses to go to court, Kirkpatrick said Pine Run will fight it.
"We're not pursuing anything at this point. If it's the association's
desire to grant him a variance, if that's the case, then he's got a variance
and has the right to live there," he said. "Had he asked for a
variance on the front end as opposed to just trying to buck the system, that
would have been a discussion we could have had.
"At no point in the process, up until the very end, did he request a
variance from the rules. There's a possibility all this could have been
avoided."
Lierman said he's heard nothing from the development since the ruling, but in
a letter dated June 9, to Pine Run LLC and Heritage Management, Roy Linton,
president of the Pine Run Residents Association, said the board of directors
unanimously passed a motion recommending a variance from the 55 age
requirement be granted to Lierman.
"They haven't come to me," Lierman said. "Basically I'm just
waiting to see what they're next step is. The ruling should just squash them
and tell them to leave me alone."
Kirkpatrick said Robert Stermer, the attorney representing the development,
tried to reach Lierman on many occasions but he did not respond.
Stermer sent Lierman a letter on June 4, stating attempts to reach him had
been unsuccessful but his client wanted to meet to discuss a mutual
resolution. The letter asked Lierman to contact his office to arrange a
convenient time.
Lierman didn't respond. Instead, five days later, the Florida Commission on
Human Relations sent a fax to Stermer indicating Lierman had made a
conciliation offer of $150,000 and that, if he was interested in conciliation,
to contact Katina Hinson, investigator for the commission. When reached by
phone, Hinson said she could not comment on who wrote the one-page handwritten
letter or give any information about it.
Kirkpatrick said he's hoping the situation can be resolved soon.
"It's a tough situation, a horrible thing," Kirkpatrick said.
"Who wants to chase a person out of a house? Unfortunately, that's the
way the documents are written, and all we're doing is the best we can trying
to make everybody play by the rules."
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