Magnolia Trace feeling blue about sidewalk

Losing a court case could cost every homeowner in the

Cross Creek subdivision several hundred dollars.

  

Article Courtesy of The St. Petersburg Times

By JACKIE RIPLEY

Published October 13, 2006

CROSS CREEK - Interpreting deed restrictions can be tricky business. So tricky, in fact, that a disagreement over a painted sidewalk could cost every homeowner in the Cross Creek community of Magnolia Trace at least $600.

" We were floored," said Harold Webb, president of the Magnolia Trace homeowners association. "To me the covenants were extremely clear or we wouldn't have gone this far."

"This far" meant going all the way to court and losing.

The Magnolia Trace homeowners association sued Rajendra and Meera Bhat after the Bhats painted the driveway and sidewalk in front of their home on San Travaso Drive.

The homeowners board argued that the paint job was prohibited by the community's deed restrictions, which say homeowners can maintain but not modify their property.

The Bhats argued that the light blue paint job was simply part of home maintenance. A judge agreed last week.

"We had two lawyers look at it," said Eric Appleton, attorney for the Magnolia Trace homeowners association. " We believed the association has a strong legal position."

The Bhats did not return a reporter's telephone call.

Because Magnolia Trace lost in court, residents of the 88-home subdivision now are responsible for the cost of two years of legal wrangling. "I'm quite surprised it cost us $60,000 to interpret one line of deed restrictions," Webb said. "But apparently that's the way the world works now."

Homeowners in Magnolia Trace, a community of homes in the $250,000 range, are assessed $378 a year for such things as maintenance of common areas and public lighting.

That fee, for this year anyway, could nearly triple as a result of the lawsuit.

"I know Christmas is coming up," Webb said, "but we're considering our options, and we have a way of spreading it out so no one has to write a large check at one time."

The board sent homeowners a letter apprising them of the judge's ruling and their upcoming added financial responsibility. They invited residents to attend a meeting Tuesday night to discuss the legal fees and the community's options.

Only about a dozen residents turned out to hear the options, which included an appeal of the court's ruling. If the homeowners association prevailed, homeowners would no longer be liable for the legal fees. Even so, most of those in attendance agreed it would be more prudent to cut their losses.

"They painted their driveway, big deal," said Saveril Fiorentino.

Jose Cruz, though, saw it as a precedent-setting matter.

"I think we have to stick to our guns to enforce the rules," Cruz said. "We cannot let homeowners do whatever they want."

The handful of homeowners at the meeting Tuesday expressed concern about the community's apparent apathy.

They vowed to rally their neighbors for the next meeting.

The association board, still seeking opinions from residents about how best to proceed, will meet again at 7:30 p.m. Nov. 14 at the New Tampa Library to discuss the community's options.

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